Purposive (teleological) construction The purposive approach has its roots in legal systems based on civil codes. It is a method of statutory interpretation which considers the purpose of the provision and interprets the provision in accordance with that purpose. In contrast, the literal approach interprets the meaning of the statute based primarily on its wording. For early authority acknowledging the concept of purposive construction see Stock v Frank Jones (Tipton) Ltd per Viscount Dilhorne: 'It is now fashionable to talk of a purposive construction of a statute, but it has been recognised since the 17th century that it is the task of the judiciary in interpreting an Act to seek to interpret it 'according to the intent of them that made it' The purposive approach is derived from the European ‘teleological’ approach, which focuses on the spirit and purpose of the legislation. Purposive construction as applied in the UK tends to be more literal and should be considered in the context of the rules of construction (including the mischief rule) applied

What is the quoted eurobond exemption? The quoted eurobond exemption is an exemption from the obligation to withhold UK income tax from UK source payments of yearly interest on a debt security and is probably the most commonly relied-upon exemption for UK issuers of debt securities. The quoted eurobond exemption disapplies the requirement to deduct tax from interest paid on registered or bearer securities that: • are issued by a company • carry a right to interest, and • either: ◦ are listed on a recognised stock exchange (a list of recognised stock exchanges is found in HMRC guidance)—this is the limb of the quoted eurobond exemption that was available to interest paid before 1 April 2018 but is also available to interest paid on or after 1 April 2018, or ◦ are admitted to trading on a multilateral trading facility (MTF) operated by a recognised stock exchange regulated in the UK, the EEA or Gibraltar—this is this limb of the quoted eurobond definition that only applies to interest paid on or after

In respect of persons dying on or after 1 October 2014, section 1(1A) of the Inheritance and Trustees' Powers Act 2014 sets the simple interest rate payable on the fixed net sum as the Bank of England rate that had effect at the end of the day on which the intestate died. The Intestate Succession (Interest and Capitalisation) Order 1977 (Amendment) Order 1983, SI 1983/1374 provides that for the purposes of section 46(1)(i) of the Administration of Estates Act 1925, as it applies both in respect of persons dying before 1953 and in respect of

The answer to this query does not depend on the amount of notice being given, or who gives notice, but on the amount of notice that the employer is required (under the contract of employment) to give the employee. If the employee has been continuously employed for one month or more (which is certain to be the case for an employee who is on maternity leave), they will have the right to minimum rates of pay during the statutory period of notice,

The full text of this Q&A was as follows: 'What is the rationale behind the change in the wording used in Table A Reg 104 compared to Model Article 30(4)? Does the new wording not allow the company to declare differential dividends by way of ordinary resolution rather than paying shares in proportion to their holding potentially prejudicing a minority shareholder of a company with a single class of shares?' Model articles for private companies and Table A Companies Act 1985 This Q&A refers to the model articles for private companies and Table A, Companies Act 1985. The inclusion of paragraph (4) in article 30 of the model articles for private

We are not aware of any specific explanation that was provided by the CPR Committee as to the types of parties caught within the debt pre-action protocol. In the Minutes of the CPR Committee meeting of 4 April 2014 [Archived], paragraph 19 notes: ‘The Committee felt that the introductory section describing the circumstances in which

Non-solicitation clauses Clause 3.2 from the Precedent: Non-solicitation clauses carves out pensions, bonuses and other emoluments from the calculation of liquidated damages. The Drafting Notes for this Precedent provide general guidance on the use of non-solicitation clauses. In particular, the notes for clause 3.2 state that the clause includes a short form liquidated damages provision where damages are calculated according to a percentage as opposed to a fixed payment. There should be careful consideration of whether the percentage figure inserted into the clause is a ‘genuine pre-estimate of loss’ (enforceable) and not, in fact, a penalty, which is unenforceable. The lawfulness of this clause will always be determined on the specific facts of the case, however the courts have sought to give guidance as to the factors relevant to that analysis. The parties should ideally ensure that there is an audit trail to show how the liquidated damages sum was arrived at, in order to support the sum being a ‘genuine pre-estimate

CPR 44.2(2) provides that if the court decides to make an order about costs, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party (costs will ‘follow the event’), but the court may make a different order. The rule under CPR 44.2(2), ie that costs follow the event, is expressly excluded from family proceedings by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1). FPR 2010, SI 2010/2955, 28.1 provides that the court may at any time make such order as to costs as it thinks just. The general rule, and starting point, under FPR 2010, SI 2010/2955, 28.3(5) is that in financial remedy proceedings the court will not make an order requiring one party to pay the costs of another party. This is known as the ‘no order as to costs’ provision. However, consideration should be given as to whether or

Corporate transparency is now viewed as an essential element in any strategy aimed at reducing or eliminating corruption, tax evasion, terrorist financing and money laundering. Following the Russian invasion of Ukraine, HM Government accelerated the passing of the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022). EC(TE)A 2022 requires overseas entities to register with, and provide details

Unlike the position in England where there are regulations made under the Apprenticeships, Skills, Children and Learning Act 2009, there is no Scottish equivalent of primary or secondary legislation. In Scotland, Skills Development Scotland (SDS) publishes, annually in April, the Modern Apprenticeship Programme rules. The current version is called the Modern Apprenticeship Programme Conditions 2019/20, and these conditions apply, as the title indicates, to Modern Apprenticeship training providers and Skills Development Scotland (SDS). The training contract set out in Appendix 12 contains an agreement between the apprentice and SDS and a separate agreement between the employer and SDS. The apprentice also has to sign a declaration (Appendix 5), one part of which states that they are employed by the employer. Modern Apprenticeships operate on the basis of frameworks (for example, Equine, Hairdressing, Hospitality) and a Modern Apprenticeship in relation to each of these frameworks is governed by a framework document, which contains sample training agreements for the apprentice,

Section 9 of the Care Act 2014 (CA 2014) came into force on 1 April 2015 as stipulated by s 2 of the Care Act 2014 (Commencement No 4) Order 2015, SI 2015/993. When the CA 2014 came into effect, there were a number of repeals, revocations and cancellations of statutory provisions and guidance. The government has provided guidance on the repeals and revocations which can be seen in Annex I of the Care

The Base Date is relevant in respect of a number of clauses in the JCT Design and Build Contract 2016: • Fourth Recital—The parties state the Employer’s CIS status at the Base Date (also see clause 4.5) • definition of the Joint Fire Code—The Code is that which was current at the Base Date (also see clause 6.20) • clause 2.15.2.1—where there are any changes to Statutory Requirements after the Base Date, which necessitate an alteration to the Works, the alteration is treated as a Change • clause 2.15.2.2—where an amendment to the Contractor’s Proposals